An AI firm harvested billions of photos without consent. Britain is powerless to act
An AI firm harvested billions of photos without consent. Britain is powerless to act
Britain’s data regulator says it will carefully consider its next steps after losing its appeal against Clearview AI.
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Maybe they shouldn't have left the EU.
How would that affect a US company? Did you read the article or just kneejerk a brexit snark for internet points?
The ICO failed “not because this isn't monitoring and not because in other circumstances, this might not be in breach of U.K. GDPR, but because it's foreign law enforcement. It's outside of the scope of European Union law so it doesn't apply,” said James Moss, privacy and data protection partner at the law firm Bird & Bird.
The EU has enough power to actually stand up to US companies. See: https://www.barrons.com/news/eu-bans-meta-s-use-of-personal-data-for-behavioural-advertising-fe6bcfbd
Yes in the EU. Fuck all out if it. This company was not operating in Europe. The internet isn't in Europe
Why are you white knighting for big US companies? They don't even know who you are outside of a personal identification number.
I'm not... Just replying to EU supremacists who think their laws rule the world, they don't.
And who haven't read the fucking article which clearly says other EU countries have tried taking them to court, so the fucking moron who said it wouldn't have happened if the UK hadn't left the EU is clearly talking shite, as are all the other fucking morons who upvoted them without reading it.
[End rant]
EU laws apply to EU citizens, even on the internet. EU laws therefore tend to have surprisingly global effects, often called the 'Brussels Effect'.
A US company harvesting data from EU citizens is subject to EU laws and can be fined for breaking them accordingly, for example.
The Brussels effect is a book.
Are you saying the lawyer who specialises in data and privacy is wrong?
The company was working for a foreign government, not commercially
You could like, read the article?
Please read beyond the first Google result that you find: https://en.m.wikipedia.org/wiki/Brussels_effect
What a UK court has ruled based on EU law is not necessarily what an EU court would rule. They may well state that Clearview is a commercial partner of foreign law enforcement and therefore not protected (because it's not the foreign law enforcement itself doing the data harvesting, but a commercial firm intending to make money).
Besides, the UK court clearly ruled that the law did apply, but that Clearview wasn't in breach. This wasn't a jurisdiction issue, as you asserted initially.
Yes, not in breach. The UK laws have not been changed since brexit. Start dealing in facts, not some conceptual Brussels effect which isn't real other than REACH. The California effect is much larger.
The EU court can decide whatever the fuck it likes, it still has zero jurisdiction outside the EU.
Also, read the FUCKING article, the French also brought a case...
I'm not talking about who is in breach or not, I argued about the jurisdiction of the court, which they ruled that the law does apply to Clearview (even if it wasn't breached). It's literally in the article, maybe you should read it?
Also, foreign companies saving any data on EU citizens who reside in the EU are subject to the GDPR, see this webpage set up by lawyers who actually know about this stuff:
"The law is structured in this manner so that it can safeguard the data and privacy rights of all internet users in the EU, regardless of where they browse online or purchase. Therefore, if you conduct business with EU citizens, you must comply with GDPR." https://reciprocity.com/resource-center/guide-to-gdpr-compliance-for-us-companies/#:~:text=The law is structured in this manner so that it can safeguard the data and privacy rights of all internet users in the EU%2C regardless of where they browse online or purchase. Therefore%2C if you conduct business with EU citizens%2C you must comply with GDPR.
And the French also brought a case, precisely because the law does apply and they have jurisdiction. So thanks for proving my point I guess?
Therefore, if you conduct business with EU citizens, you must comply with GDPR."
They weren't conducting business, as the article says. If they were, the law, in the UK, which hasn't changed, would apply. But they weren't.
Collecting personal data from EU citizens whilst they are in the EU is doing business in the EU, which is why the court ruled the law did apply. Did you read the article?
Clearview was not fined specifically because of a provision in that same law that says such data collection is permitted if they were doing this business on behalf of foreign law enforcement. So the UK court ruled the law does apply, but that Clearview wasn't in breach. The UK court used EU law to determine Clearview was not in breach of EU law. The fine was not removed because Clearview is outside of their jurisdiction, which they're simply not.
No, but the internet in Europe is regulated by the EU. If that company wants to use it, they will be subjected to its laws or they will be blocked and fined.